The complainant, Dilip Purushottam Shirke, had filed a complaint against Kumar Builders Consortium to seek possession of his booked apartment in project Kumar Shantiniketan phase II in Pune’s Haveli locality within three months.
He had also sought compensation at 10% per annum.
Shirke had also alleged that while registering this project with the authority, the developer had not mentioned the de cree order passed by civil court, Pune, as well as the state consumer forum and did not produce the commencement certificate.
MahaRERA has observed that the issue of compensation and possession was already decided by the civil court, Pune. Hence, the complainant cannot seek the same relief again.
The authority added that the promoter is responsible to produce all required documents, including pending cases at the time of registration. However, in this case, the matter of decree was not pending at the time of the project’s registration with MahaRERA.
With regards to the non-submission of commencement certificate, the authority stated that its software of registration form had not made it mandatory for project proponents to submit the same.